Evans v. California Department of Corrections and Rehabilitation

Filing 39

ORDER signed by Magistrate Judge Allison Claire on 05/08/19 DENYING 35 Motion for federal protection; DENYING 37 request for records; and DENYING 38 Motion to obtain personal laptop containing evidence. The clerk of court shall send plaintif f a copy of the court's order referring case to post-screening ADR project, issued 4/01/19 27 . Upon receipt of this order, plaintiff shall immediately fill out and return to the court the Notice Re: Plaintiffs Appearance at Settlement Conference (Post-Screening ADR Project).See ECF No. 27 at 4. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD ANTHONY EVANS,

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Plaintiff,

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No. 2:17-cv-1888 AC P

v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil

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rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to this court

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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
Before the court are plaintiff’s motion for federal protection, filed April 25, 2019 (ECF

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No. 35), his request for records, filed April 29, 2019 (ECF No. 37), and his motion to obtain

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personal laptop containing evidence, filed May 6, 2019 (ECF No. 38). In addition, plaintiff has

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filed a notice re: settlement conference. See ECF No. 36. For the reasons stated below, these

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motions and the request will be denied as improperly before the court.
On April 1, 2019, the court issued an order referring this matter to its Post-Screening

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Alternative Dispute Resolution Project. ECF No. 27. As a result, the matter has been stayed for

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120 days so that the parties can investigate plaintiff’s claims, meet and confer, and participate in a

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settlement conference. See id. at 1. In sum, the stay serves to halt all pretrial litigation.

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On April 25, 2019, in the process of denying a discovery-related motion and a motion for

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a change in defense counsel filed by plaintiff, the court reminded plaintiff of the stay in this

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action, and informed him that the court would not consider filings presented to it that were not

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related to the pending, court-ordered settlement conference proceedings. See ECF No. 34 at 2.

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The instant motion for federal protection and the motion to obtain plaintiff’s personal

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laptop are not related to the pending court-ordered settlement proceedings, nor is plaintiff’s

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request for records. See generally ECF Nos. 35, 37, 38. As a result, these motions shall be

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denied as improperly filed.

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To the extent that plaintiff states in his notice re: settlement conference document that he

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did not receive notice of the settlement proceedings (see ECF No. 36), there is no indication that

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the court’s April 1, 2019 order which referred this matter to the court’s Post-Screening

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Alternative Dispute Resolution Project was returned to the court as undeliverable. Moreover, a

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filing mailed is presumed delivered. See Fed. R. Civ. P. 5(b)(2)(C); Peraza v. Delameter, 722

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F.2d 1455, 1456 (9th Cir. 1984). In any event, the court’s April 25, 2019 order clearly indicates

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that this matter has been stayed (see ECF No. 34), and plaintiff’s instant notice re: settlement

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conference demonstrates that he is now aware that this action is in the settlement proceedings

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stage. (see ECF No. 36).

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Nevertheless, on the off-chance that plaintiff has still not received the court’s April 1,

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2019 stay order, the court will direct the Clerk of Court to provide plaintiff with a copy of it. In

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that order, of immediate importance to plaintiff should be the Notice Re: Plaintiff’s Appearance

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at Settlement Conference (Post-Screening ADR Project) on the last page. See ECF No. 27 at 4.

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Plaintiff must review it, fill it out, and return it to the court immediately. Otherwise, the court

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will issue a writ ordering plaintiff to appear in person for the settlement conference at the Eastern

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District of California’s courthouse located in Sacramento.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The following motions and request are DENIED as improperly before the court:

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a. Plaintiff’s motion for federal protection, filed April 25, 2019 (ECF No. 35);

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b. Plaintiff’s request for records, filed April 29, 2019 (ECF No. 37), and

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c. Plaintiff’s motion to obtain personal laptop containing evidence, filed May 6, 2019

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(ECF No. 38);
2. The Clerk of Court shall send plaintiff a copy of the court’s Order Referring Case to
Post-Screening ADR Project, issued April 1, 2019 (ECF No. 27);

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3. Upon receipt of this order, plaintiff shall immediately fill out and return to the court

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the Notice Re: Plaintiff’s Appearance at Settlement Conference (Post-Screening ADR Project).

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See ECF No. 27 at 4, and

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4. If plaintiff fails to file the election notice by the deadline, if settlement proceedings

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take place, plaintiff will be required to participate in the proceedings in person at the Eastern

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District of California’s courthouse located in Sacramento, California.

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DATED: May 8, 2019

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